Case information
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36498
Cathy Duffield, et al. v. City of Prince Albert
(Saskatchewan) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-07-06 | Close file on Leave | |
| 2016-07-06 | Correspondence (sent by the Court) to, all parties Re: cover letter for taxation certificate | |
| 2016-07-05 | Certificate of taxation issued to, Marie-France Major | |
| 2016-07-05 | Decision on the bill of costs, in the amount of $1,565.10, Reg | |
| 2016-07-05 | Submission of the bill of costs, Reg | |
| 2016-04-14 | Bill of costs, Fees and Original Copy to come - rec'd 2016-04-15, Completed on: 2016-04-15 | City of Prince Albert |
| 2015-11-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-11-20 | Judgment on leave sent to the parties | |
| 2015-11-19 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACV 2565, 2015 SKCA 46, dated April 28, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2015-10-19 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2015-08-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-08-25, (Electronic version filed on 2015-08-25) | City of Prince Albert |
| 2015-08-25 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-08-25) | City of Prince Albert |
| 2015-08-25 | Notice of name, (Letter Form), (Electronic version filed on 2015-08-25) | City of Prince Albert |
| 2015-06-26 | Letter acknowledging receipt of a complete application for leave to appeal, file opened 2015-06-26. | |
| 2015-06-25 | Book of authorities, (Book Form), (Electronic version filed on 2015-06-26) | Cathy Duffield |
| 2015-06-25 | Notice of name, (Letter Form), (Electronic version filed on 2015-06-26) | Cathy Duffield |
| 2015-06-25 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-06-26) | Cathy Duffield |
| 2015-06-25 | Application for leave to appeal, (Book Form), Completed on: 2015-06-25, (Electronic version filed on 2015-06-26) | Cathy Duffield |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Duffield, Cathy | Applicant | Active |
| Basaria, Rahim | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Prince Albert | Respondent | Active |
Counsel
Party: Duffield, Cathy
Counsel
1000 - 1st Avenue West
Prince Albert, Saskatchewan
S6V 4Y4
Telephone: (306) 764-1099
FAX: (306) 922-2351
Email: peterabrametz@sasktel.net
Party: Basaria, Rahim
Counsel
1000 - 1st Avenue West
Prince Albert, Saskatchewan
S6V 4Y4
Telephone: (306) 764-1099
FAX: (306) 922-2351
Email: peterabrametz@sasktel.net
Party: City of Prince Albert
Counsel
1102 1st Avenue West
Prince Albert, Saskatchewan
S6V 4Y6
Telephone: (306) 764-4244 Ext: 1
FAX: (306) 764-4949
Email: mholash@sasktel.net
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Municipal law – Enactment of bylaws – City of Prince Albert enacting bylaw prohibiting taxicab owners and drivers from driving taxicabs through off-sale, drive-thru liquor outlets – Whether Court of Appeal incorrectly interpreted The Cities Act, SS 2002, c C-11.1, in finding requirements for enacting bylaw were met – Whether bylaw is ultra vires Prince Albert in that it purports to regulate sale of alcohol, an area of provincial jurisdiction – Whether Court of Appeal misapprehended procedural history and background facts that formed basis of decision.
Cathy Duffield and Rahim Basaria are respectively the general manager and owner of the National Hotel in Prince Albert, Saskatchewan, who off-sale liquor by means of a drive-thru service. The City of Prince Albert enacted a bylaw prohibiting taxicab owners and drivers from driving their taxicabs through off-sale, drive-thru liquor outlets in Prince Albert. The applicants asked the Court of Queen’s Bench to quash the bylaw on the basis that the procedure for its passage did not comply with the requirements of s. 77 of The Cities Act, SS 2002, c C-11.1, and because the subject-matter of the bylaw is ultra vires the bylaw-making powers of Prince Albert as it regulates the sale of alcohol, a provincial concern.
The Saskatchewan Court of Queen’s Bench dismissed the applicants’ application to quash the bylaw. The Court of Appeal for Saskatchewan dismissed the applicants’ appeal, finding the passage of the bylaw complied with The Cities Act and was not ultra vires the powers of the City.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
2014 SKQB 203, Q.B. No.199 of 2014
Applicants’ application pursuant to s. 320 of The Cities Act, SS 2002, c C-11.1, to quash City of Prince Albert Bylaw No. 8 of 2014, dismissed.
Court of Appeal for Saskatchewan
CACV 2565, 2015 SKCA 46
Applicants’ appeal, dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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